ENGLISH LEGAL SYSTEM precedents ENGLISH LEGAL SYSTEM ¢english law - system based on other principes than continental law ¢ -it‘s centralised throughout the court structure, which is common to the whole country -In english legal system judges play important role -They are independent of the government – impartial decisions -They have important role in -developing case law (common law) - COMMON LAW ¢Law system in England and Wales ( Scotland and Northon Ireland have their own law systems) ¢ ¢ before William of Normandy‘s invasion in 1066 – law wasn‘t the same in the whole country. He sent travelling judges – they were picking the best rules and customes and spreading them to the whole country – beginning of common law. ¢Sources of common law – precedents and customs ¢We can also find common law in other countries – usually former colonies of UK ( U.S.A., Australia,…) ¢ ¢ PRECEDENTS ¢Precedent is desicion of court, which is legaly binding for inferior courts and the court which made the decision – stare decisis ¢Precedent has two parts ¢Ratio decidendi – binding part, reasoning in the judgement ¢Orbiter dicta – only persuasive, contains the rest of the judgement ¢ Judges have to follow earlier precedent. ¢If they find out, that none of the earlier precedents are the same as their current case, the can create a new one ¢ PROS/ CONS OF PRECEDENTS ¢+ —Flexibility —It‘s practical ¢ - —Unsystematic ¢Example — Faculty of law students started an action against the university acording to the precedent from middle-age. The university have to give every student a glass of beer before the examination, so the students could refresh themself. They won, but the university striked back. They found precedent, that every student have to carry a sword on the area of the university. If not, they have to pay a fine. Than every student had to pay 1 pound to the university. C:\Users\vevenka\Desktop\škola\angličtina\referát - english legal system, precedent\57890-top_foto1-nmocw.jpg EQUITY ¢Established in 14./15. century ¢Reason ? A lot of people were dissatisfied with inflexibility of common law ¢Legal system , that exist alongside the common law. In equity the legal disputes are more informal than in common law, it‘s usually faster . ¢ right to enforce somebody to fulfill the contract, than just let him simply pay the damages ¢Trust - an arrangement in which property is managed by one person or entity for the benefit of another HIERARCHY OF COURTS ¢Supreme Court of the United Kingdom ¢Judicial Committee of the Privy Council ¢The Senior Courts of England and Wales —Court of Appeal —High Court —Crown Court ¢ Subordinate courts —Magistrates', Family Proceedings and Youth Courts —County Courts —Tribunals ¢ Special courts —Coroners' courts —Ecclesiastical courts —Other courts — ¢ — ADVOCATES IN UK ¢ ¢Solicitors – they deal with clients, give legal advices ¢ ¢Barristers – they go to courts , they are organised in Inns of Court ¢ ¢ C:\Users\vevenka\Desktop\škola\angličtina\referát - english legal system, precedent\judge.jpg ¢ ¢Zdroje : New introduction to legal english, Marta ¢ Chromá ¢ Powel unit 2 ¢ www.david.kuzela.cz/anglicky-pravni - system ¢ www.en.wikipedia.org/wiki/English_law ¢ ¢ ¢ ¢ ¢ ¢ ¢Vypracovala : Veronika Solnická